The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1887-12-14


mended and strengthened. J can state
only approximately the number OF ad-
Judged cases in our books Of reports. A
rough estimate places them at half NIL,
lion. The man does not live who could
thus go through with the half OF them;
and there never was Il memory strong
enough to stand up under the load; or, il
there was, it would crush out the reason
ing powers and reduce the intellect to
idiocy. In every view. therefore. we need
juriStS.
There are some lawyers who clamored
for codiication. The suggestion was made
that the quarrel over this question of codl-
tication be suspended until our law has re,
ceived such iuridical culture as to inform
Us, and enable US 10 agree among ourselves,
Just what and how many arc its elementary
principles, reduced 10 their smallest pro
portions.
He urged American advocates OF coditl-
cation to prepare and publish what they
proposed for codes Then the further
question Of their legislative enactment
would present itself ut the proper time.
But an here reminded that we have i'm
me2Sr numbers Of legal textbooks, and |
an ASKED whether deny that they pro.
tc2;, rom juristS. | reply that they are OF
vastly differing qualities, aud that no one
characterization could properly be applied
10 a!l. The manner of making your
IGNORED text books was fully discussed
dad It was shown that the author usually
pirates the work of his predecessor, edits it,
then publishes it rs entirely his own pro-
ducsion. This is the usual legal author:
honored by praclicing profession, and
bowed before and followed by the Judges.
The noteworthy part Of the matter was
that while our copyright laws, as eXpoonded
and administered by courts smiling on
piracy, are 50 defective as to seem almost
worthless. not 50 arc the laws which punish
cheating by false pretenses. The latter eX-
list in all our States, and the violators Of
them are shut up in the penitentiaries. eN-
cept when the persons cheated are lawyers.
| do moi know how you do things in South
Carolina, but we in Massachusetts, put into
our penitentiary great lawyers, great scna-
tors. presidents of immense corporations,
ciergvmen, and in one instance, We received
one of your honored South Ca, olina eN-
governors. Why exempt your honoced
authors? The only reason can imagine IS,
that the men Of our noble and generous
profession, deeming with Hudibras that
The pleasure is as great
Of being cheated as to cheat"
scorn to make complaint Of those who have
been 10 them the source of such profound
happiness.
Another method of producing |, gal text
books is for an older man to minglc his
work with that Of boys helping. If this is
done, not under the false pretense that the
whole proceeded from the estensible author,
but accompanied by an honest statement
to the public, there is no wrong 10 it; and
the result nay be. il some circumstances
and for uses, excellent, butt is Got q lurlst S
work.
The very famous law school connected
with cur Oldest university some OF the pro-
fcssors whereof have produced books which
have occupied the first place in our esteem,
has swept the whole line Of textbooks
away, and declared that none, whether
written by its former professors or others.
are tit to be used by persons ignorant Ct the
law in acquiring knowledge of it. This
method is sometimes inaccurately termed
the teaching Of the lsw by cases. And the
brief explanations of The reason Of the
change demonstrate that, while the uniyer-
ye7si.y does not choose ID pronounce II
words the common laws utter luck OF
ilristS, it believes it to have uoDe, and
aiapts its curriculum to this belief.
Jurist's writings are original sources. .
They are not the apple which suggested to
Sir Isaac Newton the law Of gravitation
but his Organon An adjudged case is the
apple. And the showers of apples, and the
glorious iGgatherings Of the fruit, not un-
fitlv emblem the vast accumuiat!ons of our
ieports Of adjudged cases
Law is the only profession which teaches
the sort of reason that governs the State
Should the cry for coditication, under the
eternal aspiration for laZiress, prevail, and
the clement Of reason which the practice
and administration CT the common law
lave carried into government affairs, be
banished therefrom, the hitherto common
law nations will quickly cease to be the
leaders OF the civilized world.
Hi governmental affairs travel in the
path of precedent, so that it is of the high
CT importance for the officers of govern
mcnt to understand how to select and apply
precedent>. And there is no possible way
in which this skill can be so well acquired
as II the study and practice of the common
lax
IA The higher walks Of government, the
incumbentS Of office are largely lawyers.
Strike down the common law and banisb
It from RS, and sewer justice" will be the
COMMON justice of the country The
officers who administer sewer justice mean
well. With all their hearts they aspire to
know the ways of duty, and they unfinch-
ingly walk by the light which they get.
Their neighbors, the public, do not fyown
upon them: all being in the dark together,
no one doubts that the law is admirably
administered. Yet all see that injustice is
being done The conclusion 10 which large
numbers arrive is, that the whole system is
wrong; that the law, from which injustice
thus proceeds, should be put down and
banished; and that government. which es-
tablishes what is so wicked as law, should
be banished also
If codifcation succeeds 10 the extent OF
assaSsiuating our common law, what but
Heaven can we rely upon for the future
In the hope of better things, turn from
this picture of despair.
If were addressing less Intelligent
audience l might urge upon you action to
prevent an enormous, threatened danger
But it is unnecessary should say more to
you.
have thus laid before you the most i'm
portant subject connected with the future
of our jurisprudence. Please supply my
deficiencies with your own more fruitful
aud valuable reflections.